[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 10-29-2013 by Ord. No. 13-26. Amendments noted where
applicable.]
No limousine shall be operated and based within the Borough
of Westwood, Bergen County, New Jersey, for the transportation of
passengers for hire until the same shall have complied with all of
the provisions of N.J.S.A. 48:16-13 et seq., nor until such owner
shall have been licensed in accordance with the following provisions
of this chapter, such license to be known as a "limousine owner's
license."
As used in this chapter, the following terms shall have the
meanings indicated:
A limousine.
Includes an automobile or motor car used in the business
of carrying passengers for hire to provide prearranged passenger transportation
at a premium fare on a dedicated, nonscheduled, charter basis, that
is not conducted on a regular route, and with a seating capacity in
no event of more than 14 passengers, not including the driver, provided
that such a vehicle shall not have a seating capacity in excess of
four passengers, not including the driver, beyond the maximum passenger
seating capacity of the vehicle, not including the driver, at the
time of manufacture. A limousine shall not include taxicabs, hotel
buses, buses employed solely in transporting school children or teachers,
vehicles owned and operated directly or indirectly by a business engaged
in the practice of mortuary science when that vehicle is used exclusively
for providing transportation related to the provision of funeral services,
autobuses which are subject to the jurisdiction of the Department
of Transportation, or interstate autobuses required by federal or
state law or regulations of the Department of Transportation to carry
insurance against loss from liability imposed by law on account of
bodily injury or death.
Includes the business of carrying passengers for hire by
limousines.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
In reference to a municipality, the location of the main
place of business of the limousine service in the municipality where
limousine service is conducted, where limousines are dispatched, or
where limousine drivers report for duty.
Includes any street, avenue, park, parkway, highway, or other
public place.
There are hereby established two classes of limousine licenses,
to be known as "limousine owner's license" and "limousine vehicle
license," respectively.
A.
Limousine owner's business license.
(1)
A limousine owner's license shall entitle the holder thereof
to engage in the business of operating a maximum of nine limousines
within the Borough, pursuant to the provisions set forth herein, until
the license either expires or is surrendered, suspended or revoked,
and said license shall not be transferable without the approval of
the Mayor and Council.
B.
Limousine vehicle license.
(1)
A limousine vehicle license shall entitle the limousine therein described
to be operated in the Borough by a driver duly licensed by the State
of New Jersey DMV pursuant to N.J.S.A. 48:15-22a et seq., who has
provided a copy of the notice of qualification and a copy of his/her
driver's license to the Borough Clerk.
(2)
A limousine vehicle license shall only be issued for vehicles operated
under the auspices of a limousine business duly licensed by the Borough
of Westwood.
A.
The licensing term for any license issued under this chapter shall
be from May 1 of the current year through April 30 of the following
year, unless sooner surrendered, suspended or revoked.
B.
Notification of the need to renew a limousine license shall be sent
to the owners of all limousine licenses by the Borough Clerk approximately
30 days prior to the expiration date of all limousine licenses. If
the license is not renewed within 15 days after the expiration date,
a second and final notice shall be sent notifying the owner of the
Borough's intention to deem abandoned and revoked any and all
licenses which have not been renewed within 30 days after the expiration
date.
C.
Any license issued pursuant to the terms of this chapter may not
be automatically renewed. Each licensee must show proof of compliance
with this chapter when submitting an application for either a new
license or yearly renewal of an existing license.
A.
No limousine company owner's license shall be issued for any
limousine company under the provisions of this chapter to any natural
person unless such person is at least 21 years of age, a citizen of
the United States of America, a resident of the County of Bergen for
at least 30 days next preceding the filing of his application for
such license, nor until he shall have filed with the Borough an application
addressed to the Mayor and Council, which application shall include:
(1)
The full name and address of the owner. If the owner is a corporation
or partnership, said application shall also contain the full names
and addresses of all the officers or partners, respectively. Any and
every change of address of the owner(s) shall be reported to the Borough
Clerk within three days after such change.
(2)
The address of the business office, which shall therein have a telephone
operating.
(3)
The fifteen-digit corporation code issued by MVC.
(4)
A copy of the certificate of occupancy for the business office as
approved by the Zoning Officer.
(5)
An insurance policy for all vehicles employed by the limousine company, by an insurer licensed to transact business under the insurance laws of the State of New Jersey, in accordance with § 202-7.
(6)
Power of attorney showing the Borough Clerk.
(7)
A list of all vehicles owned and/or operated under the limousine
company, including the make/model, VIN number, and license plate number.
(8)
A list of all drivers licensed by the State of New Jersey to operate
a limousine, a copy of each driver's license, and the letter
of qualification issued by the State of New Jersey Division of Motor
Vehicles for each driver.
(9)
Proof of off-street parking for all vehicles. Said proofs must be approved, in writing, by the Zoning Officer. All vehicles must be garaged in accordance with § 195-130I(13).
B.
No limousine company owner's license shall be issued to any
corporation unless each stockholder, director, officer and manager
of such corporation qualifies in all respects as an individual applicant
for such license.
C.
If, at any time during the period for which such license is issued,
any stock of such corporation is transferred or any new director is
employed, then such new transferee, officer, director or manager shall
meet all of the requirements of any individual application for such
owner's license before such license shall continue in effect.
D.
Every application shall be accompanied by the fee for such license
as hereinafter provided.
E.
Nothing herein shall supersede any zoning regulation.
A.
All applications for the issuance or renewal of a limousine vehicle
license shall be made in writing and shall contain, at a minimum:
(1)
The full name and address of the owner;
(2)
The VIN number, make, model, year and color of the vehicle;
(3)
The number of persons it is capable of carrying;
(4)
An insurance policy for the vehicle, by an insurer licensed to transact business under the insurance laws of the State of New Jersey, in accordance with § 202-7;
(5)
Vehicle registration;
(6)
The location where the vehicle shall be parked and/or stored;
(7)
A copy of power of attorney submitted to the DMV (for each vehicle);
(8)
A checklist for general examination of limousine condition prior
to commencement of operation for the day, as required under N.J.S.A.
48:16-22.2a; and
(9)
The date of last inspection by the New Jersey Division of Motor Vehicles.
B.
Every application shall be accompanied by the fee for such license
and Police Department inspection as hereinafter provided.
C.
Every vehicle shall be subject to inspection by the Westwood Police
Department to confirm that said vehicle is clean and in good repair
and conforms to the requirements as enumerated in § 202
- 9.
D.
A limousine vehicle license shall not be issued unless a limousine
business owner's license has been approved for the individual
or corporation operating the vehicle.
A.
Insurance requirements. Every applicant for a limousine owner's
license and/or limousine vehicle license shall submit an insurance
policy (NOT ACORD certificate) in accordance with N.J.S.A. 48:16-14
and 16-15, with premium paid, covering all vehicles to be licensed,
except that the amount of such policy shall be in the sum of at least
$500,000 against loss from liability imposed by law upon said owner
for damage on account of bodily injury or death suffered by one person
as the result of an accident occurring by reason of the ownership,
maintenance or use of such vehicle; and in the sum of at least $1,000,000
against loss from liability imposed upon said owner for damage on
account of bodily injury or death suffered by more than one person
as the result of an accident occurring by reason of the ownership,
maintenance, or use of such vehicle; and in the sum of at least $50,000
against loss from liability imposed by law upon said owner for property
damage suffered by any person as the result of an accident occurring
by reason of the ownership, maintenance, or use of such vehicle. Such
limousine insurance shall remain in full force and effect for the
full amounts as herein provided. The Borough of Westwood shall be
listed as an additional insured.
B.
Power of attorney. Concurrently with the filing of the insurance
policy shall be filed a power of attorney wherein and whereby the
owner shall appoint the Borough Clerk his true and lawful attorney
for the purpose of acknowledging service of any process out of a court
of competent jurisdiction to be served against the insured by virtue
of the indemnity granted under the insurance policy filed in accordance
with N.J.S.A. 48:16-16.
Upon receipt of a completed application form, valid insurance
policy, and applicable fee, the Borough Clerk may issue a letter to
the Division of Motor Vehicles for the purposes of registering the
vehicle in the State of New Jersey pursuant to N.J.S.A. 48:16-17.
Said letter is for registration purposes only and does not imply that
the Westwood licensing process is complete. Applicants must allow
three business days from submittal for the issuance of the letter
for registration purposes.
[Amended 2-18-2014 by Ord. No. 14-2]
All vehicles will be inspected yearly by the Westwood Police
Department as part of the licensing process. The fee for said inspection
shall be $25, which fee shall be submitted with the vehicle license
application. The inspection shall include, at a minimum, the following:
A.
Statutory equipment required.
(1)
Pursuant to N.J.S.A. 48:16-22.1, limousines must be equipped with
a two-way communication system, which, at a minimum, shall provide
for communication to a person outside the vehicle for a distance of
not less than 100 miles and which requirement may be satisfied by
a mobile telephone;
(2)
A removable first-aid kit, which shall be placed in an accessible
place within the vehicle;
(3)
An operable fire extinguisher, which shall be placed in an accessible
place within the vehicle;
(4)
Sideboards attached to the permanent body construction of the vehicle
if the height of the vehicle floor is 10 inches or more above ground
level;
B.
Local requirements. As part of the inspection process, the Westwood Police Department will verify that the vehicle and all of its operators are properly licensed and in possession of the proper registration, insurance identification, inspection documents and are in compliance with applicable Title 39 Statutes governing motor vehicles. While the Westwood Police Department is not responsible for inspecting the mechanical and operating systems of the vehicle, a vehicle may fail inspection due to obvious visual defects and/or obviously inoperative equipment. The inspection will include verification of statutory requirements listed in Subsection A(1) through (5) of this section.
A.
The fee for a limousine owner's business license shall be $50.
B.
The fee for each limousine vehicle license shall be $10.
C.
In the event that a limousine license is applied for and issued subsequent
to November 1 in any year, the fee for such license shall be 1/2 of
the amount as set forth in this section.
E.
Fees for reinspection of vehicles or resubmittal of documents shall
be as follows:
(1)
In the event any motor vehicle shall fail the initial physical inspection
by the Chief of Police or his designee, there shall be a reinspection
fee of $25 for each vehicle.
(2)
Proof of insurance to be submitted hereunder shall be an insurance
policy, not ACORD certificate. The Borough of Westwood shall be listed
as an additional insured on said policy. In the event any policy is
found to be nonconforming, there shall be a resubmittal fee of $20.
A.
Limousine business owner's license. A limousine business owner's
license shall at all times be openly and conspicuously exhibited in
the primary place of business. Copies of the limousine vehicle licenses
shall be available for inspection at all times.
B.
Limousine vehicle license. A limousine vehicle license shall at all
times be openly and conspicuously exhibited in the vehicle. It shall
include the name of the insurance company, the number and date of
expiration of the policy, and the VIN number, year, make and model
of the vehicle.
A.
The Mayor and Council shall have the sole power to issue licenses
hereunder and may reject any applicant for an owner's or vehicle
license who cannot comply with the foregoing requirements. The Mayor
and Council may, at their discretion, after notice and hearing, if
requested, revoke or suspend:
(1)
Any license of any class if the owner or applicant has been once
convicted of a crime in this or any other jurisdiction of being a
disorderly person, or of having committed a crime as defined under
the laws of New Jersey, or of a serious violation of Title 39, Motor
Vehicles and Traffic Regulation, of the Revised Statutes of New Jersey,
or who has been dishonorably discharged from the armed forces of the
United States of America, or who violated any provision of this chapter
or has any judgment unsatisfied of record against him arising out
of an automobile accident, or who has made false or evasive or incomplete
answers in his application for such license or any renewal thereof,
or who has failed or fails to render reasonably prompt, safe, courteous,
and adequate limousine service, or who has not complied fully with
all requirements of this chapter for such class of license or who
does not possess good moral character.
(2)
Any limousine vehicle license if the motor vehicle licensed or to
be licensed, by reason of unsafe or unsanitary conditions, is dangerous
to the safety or health of the occupants or others, or if the policy
of insurance or power of attorney has not been furnished or kept in
force, or if terms or conditions imposed by the Borough Council or
any law of this state have not been met.
B.
Hearing. An owner or applicant who will, in writing, request a hearing
hereunder, not later than 10 days after a denial of a license, or
suspension or revocation thereof, will be advised of the date, time
and location of a scheduled hearing either in the summons, which also
shall briefly describe the alleged violation and the rule claimed
to have been violated, in a separate notice of hearing, or in the
written charges and specifications, at least 15 days prior to the
date of the hearing.
C.
If the owner or applicant wishes to plead not guilty to a summons
which requires his/her personal appearance, he/she must appear at
the hearing with his/her rate card and any relevant documents or evidence.
If the owner or applicant is a partnership, family, union, entity
or joint venture, any principal may appear on its behalf; and if the
owner is a corporation, any officer thereof may appear. At the hearing,
the owner or applicant may be represented by an attorney.
A.
Drivers of limousines shall not receive or discharge passengers in
the roadway but shall pull up to the right-hand sidewalk or as nearly
as possible thereto, or in the absence of a sidewalk, to the extreme
right-hand side of the road, and there receive or discharge passengers,
except upon one-way streets, where passengers may be discharged on
either the right- or left-hand sidewalk or at the side of the roadway
in the absence of a sidewalk.
B.
No limousine shall be operated about the streets of the Borough so
as to solicit passengers or to bring the presence of the limousine
to the attention of prospective passengers.
C.
Adequate provision shall be made for the safe transportation of children
up to the age of eight or 80 pounds in weight who are passengers in
a limousine. In the case of a limousine fleet or mini fleet, such
proof shall consist of a written policy and posted notice at the place
of operation and in all limousines, conspicuous to drivers and passengers,
setting forth the following policy, said policy to be strictly enforced
by the driver and car owner:
(1)
Children up to 18 months of age or younger who are passengers in
a limousine shall be placed in a federally approved child restraint
rear-facing seat in the rear seat.
(2)
Children over the age of 18 months but under the age of five must
be placed in a federally approved child restraint front-facing car
seat if riding in the rear seat of limousine.
(3)
Children over the age of five or up to 80 pounds in weight must be
placed in a car or booster seat in the rear seat of the licensed vehicle.
(4)
Children under the age of eight who weigh more than 80 pounds must
wear a seat and shoulder belt while riding in the licensed vehicle.
D.
A limousine fleet or mini fleet must at all times keep and maintain
in fleet or mini fleet vehicles or at the base of operation a total
number of one safety seat for every four fleet vehicles, which shall
at all times be available for use by drivers of the fleet limousines.
In the case of an individual owner, such proof shall consist of proof
that the individual owner keeps and maintains a federally approved
car seat in the passenger compartment or trunk at all times.
Any person, firm, corporation or association who shall violate
any of the provisions of this chapter shall, in addition to the suspension
or revocation of the license as herein provided, be punishable by
a fine not exceeding $200 or imprisonment in the county jail for a
term not exceeding 30 days, or both, in the discretion of the Judge
who shall hear such violation, and every day that such violation continues
shall be deemed and considered to be a separate and distinct offense.
